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Home My WebLink About04 - Balboa Island Residential Condominium Prohibition Code Amendment Second Reading (PA2014-170)TO: FROM: PREPARED BY: PHONE: TITLE: ABSTRACT: CITY OF NEWPORT BEACH City Council Staff Report March 24, 2015 Agenda Item No. 4 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Kimberly Brandt, Community Development Director — (949) 644 -3226, kbrandt@newportbeachca.gov Patrick J. Alford, Planning Program Manager (949) 644 -3235 Balboa Island Residential Condominium Prohibition Code Amendment Second Reading (PA2014 -170) The second reading and adoption of Ordinance No. 2015 -5, approving Zoning Code Amendment No. CA 2014 -007 to prohibit residential condominium projects in the R -BI Zoning District on Balboa Island and Little Balboa Island. RECOMMENDATION: Conduct second reading and adopt Ordinance No. 2015 -5, An Ordinance of the City Council of the City of Newport Beach Approving an Amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code to Prohibit Residential Condominium Projects in the R -BI Zoning District on Balboa Island and Little Balboa Island (Staff Report Attachment No. CC1). FUNDING REQUIREMENTS: There are no funding requirements associated with this item. DISCUSSION: On March 10, 2015, after a noticed public hearing, the City Council introduced and passed to second reading Ordinance No. 2015 -5 that approved Code Amendment No. CA2014 -007. The Ordinance prohibits residential condominium projects in the R -BI Zoning District on Balboa Island and Little Balboa Island. ENVIRONMENTAL REVIEW: This item is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations) because the properties involved have an average slope of less than 20 percent; and the proposed amendment would not result in any changes in land use or density. HE NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment CC 1 - Ordinance 99 r_MIr_N1:1 •AIA►r19014aI ORDINANCE NO. 2015- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO TITLE 20 (ZONING CODE) OF THE NEWPORT BEACH MUNICIPAL CODE TO PROHIBIT RESIDENTIAL CONDOMINIUM PROJECTS IN THE R -BI ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On November 12, 2014, the City Council initiated an amendment of the Zoning Code (CA2014 -007) that would reinstate the prohibition on residential condominium projects in the R -BI Zoning District on Balboa Island and Little Balboa Island. 2. On January 22, 2015, the Planning Commission conducted a public hearing and voted (4 -0) to recommend to the City Council approval Code Amendment No. CA2014 -007. 3. A public hearing was held on March 10, 2015, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The code amendment is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations) because the properties involved have an average slope of less than twenty percent (20 %); and the proposed amendment would not result in any changes in land use or density. SECTION 3. FINDINGS. 1. On June 9, 1997, the City Council adopted Ordinance No. 97 -20, which amended the Zoning Code to prohibit residential condominium development and conversions in the R -1.5 Zoning District, which, at that time, covered residential areas of Balboa Island and Little Balboa Island. 2. When the Zoning Code was comprehensively updated in 2010, the prohibition on residential condominium development and conversions in the R -BI Zoning District (the successor to the R -1.5 Zoning District) was inadvertently omitted. 3. In the R -BI Zoning District on Balboa Island and Little Balboa Island, the historic pattern of development consists of one (1) primary dwelling unit on a parcel and the addition of a small apartment accessory dwelling unit. This development pattern contributes to the unique character of Balboa Island and Little Balboa Island. 4 -3 City Council Ordinance No. 2015 -_ Page 2 of 3 4. Residential condominium development and conversions are not consistent with the smaller lot sizes and historic pattern of development in the R -BI Zoning District on Balboa Island and Little Balboa Island. 5. General Plan Land Use Element Policy LU 1.1 calls for the maintenance and enhancement of the beneficial and unique character of the different neighborhoods, business districts, and harbor that together identify Newport Beach. 6. Reinstating the prohibition on residential condominiums in the R -BI District would assist in maintaining the beneficial and unique character of Balboa Island and Little Balboa Island, pursuant to General Plan Land Use Element Policy LU 1.1. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Table 2 -1 within Section 20.18.020 (Residential Zoning Districts Land Uses and Permit Requirements) of the Newport Beach Municipal Code is hereby amended in part to read as follows with all other provisions of Section 20.18.020 remaining unchanged: Land Use See Part 7 of this title for land use R -BI RM Specific Land' definitions. R -A R -I ** R -2 RMD Use See Chapter 20.12 for unlisted uses. Regulations Two -Unit Dwellings P(1) P Section 20.48.180 Uses Not Listed. land uses that are not listed in the table above, or are not shown in a particular zoning district, are not allowed, except as provided by Chapter 20.12 (Interpretation of Zoning Code Provisions). Includes R -1- 6,000, R -1- 7,200, and R- 1- 10,000. (I.) Condominium projects and condominium conversions are not permitted in the R -BI Zoning District. Section 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 3: This action shall become final and effective thirty (30) days after the adoption of this Ordinance. Section 4: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be published pursuant to Charter Section 414. :S! City Council Ordinance No. 2015 -_ Page 3 of 3 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 100' day of March, 2015, and adopted on the 24`h day of March, 2015, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS AAA• -7 Edward D. Selich ATTEST: Leilani Brown, City Clerk APPROV AS TO FORM, CITY A . WNEY'S- 6FFICE: C. Harp, City Attorney